Prop8 in court, yet again, today

There are now four issues being litigated in the 9th Circuit Federal Court of Appeal around Prop8.  Two of these will have a hearing today:

1. Should the tapes of the trial be released?  The supporters of Prop8 say "no", but that's hard to argue given that everyone knows who testified and what they said.  What the supporters REALLY don't like is that their witnesses didn't bolster their case (and one actually supported marriage.)  So far, all the lower courts have supported release.


2. Should the whole case be vacated because Judge Walker is gay?  Everyone knew this going in, although he didn't make a big deal about it.  But now the supporters of Prop8 say that because he might someday want to marry, he can't be fair.  That's like saying a black judge can't hear a case on race, or a woman judge can't hear a case on abortion--because she might want one.  The district court firmly said Judge Walker's sexuality is irrelevant.

Two additional points have already been argued.  Additional briefs have been filed, but it's in the hands of the judges now.  Those questions:

1. Do the supporters of prop8 have standing to appeal?  The California court says they do, under California Law.  Now the federal court can decide.


2. Is prop8 constitutional?  This is the main show, the argument about the merits of the case rather than all the peripheral stuff.  Judge Walker said it is not constitutional.  The big question:  was that decision correct?